Karnataka High Court
WP/2061/2026 of SMT DIVYASHREE B Vs THE STATE OF KARNATAKA on 16 July 2026
CNR: KAHC010040962026 NC: 2026:KHC:36599-DB WP No. 2061 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE M.NAGAPRASANNA AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION NO.2061 OF 2026 (LA-BDA) BETWEEN: SMT.
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JULY, 2026
PRESENT
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
WRIT PETITION NO.2061 OF 2026 (LA-BDA)
BETWEEN:
SMT. DIVYASHREE B.
W/O. BYLAPPA
AGED ABOUT 35 YEARS
RESIDING AT NO.42, 2ND CROSS
K.E.B. ROAD, ANJANANAGARA
MAGADI MAIN ROAD
BENGALURU - 560 091.
…PETITIONER
(BY SRI H.T. VASANTH KUMAR, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT
REPRESENTED BY PRINCIPAL SECRETARY
VIKASA SOUDHA
BENGALURU-560 001.
2.
THE BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH ROAD, KUMARA PARK WEST
BENGALURU - 560 020
REPRESENTED BY ITS COMMISSIONER.
3.
THE SPECIAL LAND ACQUISITION OFFICER
BENGALURU DEVELOPMENT AUTHORITY
T. CHOWDAIAH ROAD, KUMARA PARK WEST
BENGALURU - 560 020.
…RESPONDENTS
(BY SMT. HEMALATHA V., A.G.A., FOR R-1, &
SRI SHIVAPRASAD M. SHANTHANAGOUDAR, ADVOCATE, FOR R-2 & R-3)
Digitally
signed by
RAKSHA
Location:
High Court
of
Karnataka
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE
REPRESENTATION OF THE PETITIONER DATED 12-1-2026 VIDE
ANNEXURE-H, AND ETC.
THIS WRIT PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE M.NAGAPRASANNA
and
HON'BLE MR. JUSTICE VENKATESH NAIK T
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ORAL ORDER
(PER: HON'BLE MR. JUSTICE VENKATESH NAIK T)
The petitioner has filed this petition seeking the following prayers: "a. Issue a Writ of mandamus directing the Respondents to consider the representation of the petitioner dated 12-1-2026 vide Annexure-H.
b. Issue a Writ of mandamus directing the Respondents to collect the betterment charges to the Petitioner's site bearing No.45, V.P. Katha No.26, situated at Ganigarahalli Village, Yeshwanthapura Hobli, Bengaluru North Taluk, as per Section 38D of the BDA Act, 1976, in view of Annexure-F dated 28.05.2020."
HC-KAR
2. Heard Sri H.T. Vasanth Kumar, learned counsel for the petitioner, Smt. Hemalatha V., learned Additional Government Advocate for respondent No.1-State, and Sri Shivaprasad M. Shanthanagoudar, learned standing counsel for respondent Nos.2 and 3-Bengaluru Development Authority.
3. Learned counsel for the petitioner has contended that the petitioner is the absolute owner of Site No.45, Assessment No.35, V.P. Katha No.26, situated at Ganigarahalli Village, Yeshwanthapura Hobli, Bengaluru North Taluk. The petitioner purchased the said site from one Smt. Shamalamma through a registered Sale Deed and from then, she is in lawful possession and regularly paying revenue tax to Somashetty Grama Panchayat.
4. In the meanwhile, respondent Nos.2 and 3- Bengaluru Development Authority issued Notification for formation of Dr. Shivaram Karanth Layout. Hence, the petitioner submitted her representation dated 12-1-2026
HC-KAR
vide Annexure-H to the respondents for regularisation of her Site. The representation not having met its consideration, the petitioner has preferred this petition before this Court.
5. Learned counsel for respondent Nos.2 and 3- Bengaluru Development Authority submits that, if reasonable time is granted, the representation of the petitioner would be considered and necessary orders would be passed in accordance with law.
6. In the light of the aforesaid submissions, we deem it appropriate to pass the following:
O R D E R
i. Writ Petition is allowed. ii. Respondent Nos.2 and 3-Bengaluru Development Authority (now Greater Bengaluru Authority) to consider the representation submitted by the petitioner dated 12-1-2026 (Annexure-H), forthwith.
HC-KAR
iii. Respondent Nos.2 and 3-Bengaluru Development Authority shall also communicate the order that would be passed on the representation to the petitioner. iv. Till the consideration of the representation happens, the parties are directed to maintain status-quo qua the property of the petitioner.
Ordered accordingly.
Sd/- (M.NAGAPRASANNA) JUDGE
Sd/- (VENKATESH NAIK T) JUDGE
KVK List No.: 1 Sl No.: 13